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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34479
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My relationship has broken down.We are not married

Customer Question

My relationship has broken down.We are not married There would appear to be an equity of £70k.We have a little girl less than 6 months old.She put 20k in but I pay the mortgage and all other costs.What is my legal position please? 3 322

Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage?
How is the child's time shared between you and how much does a two bedroom property in the same general area cost?
Clare
Customer: replied 4 years ago.

The equity is 70k. I have no contact at this time.She has two other children and is looking at properties at 200k.

Expert:  Clare replied 4 years ago.
Hi
TI am aware of the equity - but the specific information I have asked for is relevant to the answer that you need
Clare
Customer: replied 4 years ago.

370k/440k

Expert:  Clare replied 4 years ago.
Hi
How is the child's time spent between you and how old are the other children?
Did she protect her investment with a Declaration of Trust?
Clare
Customer: replied 4 years ago.

As I said, I am being denied contact.The other children are 12 and 6.There is no declaration of Trust.

Expert:  Clare replied 4 years ago.
Hi George
I accept that it will be a guess but what is her Mortgage Capacity (if any)
Clare
Customer: replied 4 years ago.

65k

Expert:  Clare replied 4 years ago.
Hi
As things stand in the absence of a clear statement otherwise you are entitled to 50% of the equity in the property.
Your ex can argue that she should receive a greater share to reflect her greater contribution to the deposit and this is a matter that you could negotiate using Family mediation (www.familymediationhelpline.co.uk)
However the major problem that you face is that you are under a duty to help house your child until the child is 18 - and this may mean that you will have to wait until then (or until your ex cohabits) in order to receive your share as your ex could make a claim under Schedule 1 of the Children Act to retain the equity to put towards her new purchase.
Your interest would be protected with a Charge of her new property.
I hope that this is of assistance - please ask if you need further details
Clare